A couple of months ago, I was out on my classic Honda CB750 K1 heading back from the Distinguished Gentleman’s Ride having had a brilliant morning. Because I needed to get back to take my wife out for lunch, I decided to hop on the motorway for two junctions to avoid going through town. What a mistake that was.
As soon as I hopped on the motorway, I knew I had cocked up as it was pretty much standstill traffic. Fear not, I thought, I am on a motorcycle, so duly started filtering through the traffic between lanes two and three. I was riding at about 10mph when this idiot in a new-ish Tesla (which was stationary) opened his driver’s door. He wanted to get out to stretch his legs – his words, not mine. I had no chance. I hit his door then veered off and hit a car in lane three. One broken hand, one very bent bike.
Police eventually turned up and told me (and the other two car drivers involved) that this was my fault for undertaking, and that they should both claim for their respective damage off me. I couldn’t believe it.
To top it off, my insurer has now offered me too little for my bike – it is a write-off. It was absolutely mint, and in addition to that, I had inherited it from my dad. We restored it together and he has since passed away. My argument is it is worth more because it really was one of a kind. My insurers reckon they only have to pay out the market rate.
What options do I have? I should also add that I captured the whole accident on a helmet camera.
Answer
I cannot believe police have taken this stance, because as all drivers (and police) should know, this wasn’t ‘undertaking’. This was ‘filtering’ – and that is perfectly legal in this country. Furthermore, because you were only doing about 10mph (which will be evidenced on your video) you were complying with the Highway Code which states at rule 88: “When filtering in slow-moving traffic, take care and keep your speed low.” Your riding was legal and safe and the only reason this collision happened is because the Tesla driver opened his door on a live motorway.
There is case law on the point of opening doors, and you will 100 per cent prevail should the matter go to court. Which it probably won’t. The Tesla driver is the first ‘link’ in this ‘chain of causation’ and liable for your personal injury and loss, and those of the car you hit after veering off.
As for your insurer’s stance, unless you have insured the bike for an agreed value, I am afraid they are likely correct. You need to check your insurance documents, but I suspect they are only liable to pay out the market rate. While I understand the sentimental value aspect to your bike due to the connection with your dad, that does not mean your insurer has to pay out more money.
Finally, while your day didn’t end so well, I am glad you had a good time at the Distinguished Gentleman’s Ride. I was a marshal at the Tring group, and we raised more than £32,000 for prostate cancer research and men’s mental health. Both very worthy causes.
Andrew `Chef` Prendergast
RiDE August 2026
